If you’ve been arrested for a DUI in California, the law enforcement officer will immediately confiscate your California Driver’s License and issue you a pink temporary driver’s license. This temporary license will only be usable for 30 days unless you request a hearing and a stay of the suspension. Within 10 days of your arrest, you may request a DMV administrative hearing to challenge the automatic suspension of your license. If you don’t request this hearing within 10 days, your right to a hearing will be lost and your license will be suspended pending the outcome of your criminal DUI case.
When will my DMV hearing be scheduled?
DMV hearings are often scheduled weeks or even months after a DUI arrest. During the waiting period, you may not drive a motor vehicle after the 30-day period following your arrest unless you request a stay of the suspension of your license while you await your hearing.
What happens at a DMV hearing?
At this hearing, the DMV is only interested in determining 3 factors as they relate to your case:
- Did the arresting officer have enough reasonable cause to believe you were driving a motor vehicle in a manner that violates the law?
- Were you placed under arrest lawfully?
- Were you driving a motor vehicle when you had a blood alcohol level of .08% or higher, or were you intoxicated as a result of taking illegal drugs?
If the answers to all of these questions are “yes,” your license will be suspended by the DMV administration. If the answer to at least one question is “no,” your license won’t be suspended by the DMV administration. However, the California court system still has the power to suspend and revoke driver’s licenses, which may occur in your case, even if the DMV administration doesn’t do so.
Worried about your DMV hearing?
If you’re concerned about the outcome of your DMV hearing, then you need to find an attorney you can trust to represent you. Attorney Dan Chambers has been representing clients who’ve been charged with DUI at DMV hearings and at every other step of the DUI case process for many years. You can trust him to take you and your case seriously, and do everything in his power to prevent your license from being suspended. He’ll also work hard to prevent other penalties, such as heavy fines, jail time, and mandatory class attendance, from being imposed in your DUI case.
Free consultation at the Chambers Law Firm
To find out if Attorney Chambers is the right lawyer for you, simply schedule a free initial consultation with him by calling 714-760-4088, emailing dchambers@clfca.com, or by using the chat box below. During your first visit, Attorney Chambers will evaluate your case, begin developing a specific defense strategy, and let you know what you can expect the outcome of your case to be. He’ll also give you legal advice and answer any questions you may have. When it comes to DUI cases, the timing is very important, and the earlier you hire an attorney, the greater the chances are that a favorable outcome will be attained. So contact the Chambers Law Firm now!
